As per the Bihar irrigation act (1997) all irrigation works are to vest in the Government.
The powers of the Canal Officer are detailed, instances being –
- Entry for enquiry or examination in connection with a projected irrigation work or its construction or the maintenance of an existing irrigation work or with the application or use of the water of any irrigation work for the purpose of regulation, supply or storage of water.
- Power to inspect and regulate the water supply on account of which any water rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with a canal revenue and of doing all things necessary for the proper regulation and management of the irrigation work from which such water is supplied.
- Power to make repairs and do all acts necessary and proper for the maintenance of, any irrigation work or any other work executed or taken charge of under the provisions of this act.
- Power to make temporary roadway, water channel or dam.
The act also empowers the State Government to pass a notification when water is to be supplied for public purposes. The application or use of the said water or the application or use of water of any irrigation work under the management or control of the State Government shall be regulated according to the provisions of this act.
Further, whenever it appears to the State Government that injury to the public health or public convenience or to any irrigation work or to any land for which irrigation from a canal is available, has arisen or may arise from the encroachment of any river, stream or natural-drainage course, the State Government may prohibit, the formation of any such encroachment, or may order the removal or other modification of such encroachment.